Charleston Johnson is being held in the Dallas County Jail on $100,000 bail.

UPDATED POST by Tanya Eiserer, 3:18 p.m., Jan. 29, 2013:

Dallas police have dropped an attempted sexual assault charge against a 40-year-old man after investigators determined there wasn’t sufficient evidence to accuse him of the offense.

Instead, 40-year-old Charleston Johnson was cited for Class C misdemeanor assault an offense punishable only by a fine. The original offense was a third-degree felony punishable by up to 10 years in prison.

“The investigation did not reveal evidence of the attempted sexual assault,” said Lt. Paul Stokes, head of the department’s media relations unit. “There was no indication or supporting documentation that there was any but a Class C assault.”

Police have to meet certain elements of the offense, such as a suspect making statements of an attempt to sexually assault the victim, groping the victim in private places or attempting to take off the victim’s clothes.

According to police, the incident occurred on Great Trinity River Forest Boulevard near Jim Miller Road about 5:30 a.m. on Jan. 23. Police say Johnson grabbed a 24-year-old woman and threw her to the ground. A witness intervened and told him to get off the woman.

Police say Johnson fled the scene but was caught after the witness described him to the police. The woman also identified him as her attacker, police said.

Johnson was originally held on $100,000 bail in the Dallas County Jail. After police determined there wasn’t enough to file a felony case, authorities requested that he be set free. He was released Monday.

Johnson’s criminal history includes felony convictions for drug possession, theft and unlawful carrying of a weapon.